Alfredo Gutiérrez Ortiz Mena announced his resignation from the Supreme Court of Justice of the Nation (SCJN) explaining that public positions are temporary loans and not like someone abandoning an unfinished task. Despite his resignation, it does not imply that he accepts the legality of the reform to the Judiciary, whose validity was questioned by Luis González Alcántara Carrancá through a project that will be voted on next week in the Court.
In his words, Gutiérrez Ortiz Mena indicated that he acts based on the presumption of validity that every norm deserves until it is revoked by a competent court. However, he pointed out that this presumption is provisional and fragile, and could disappear when the Court issues its final decision on the matter.
The judge explained that he will not participate in the election of the new ministers of the Court because, in his opinion, he is not a "suitable candidate" for a position that would depend on popular vote, as proposed by the reform to the Judiciary. Despite considering himself qualified for the position, he expressed that his role as a magistrate goes beyond validating the will of the majority, but rather in protecting the rights of those who need it most.
On the other hand, Gutiérrez Ortiz Mena stated that his resignation complies with the deadline established in the seventh transitory provision of the judicial reform. He added that if this deadline were not respected, it would lead to a situation that requires a serious cause to justify a late resignation, as established in the third paragraph of Article 98 of the Constitution.
Alfredo Gutiérrez Ortiz Mena will remain in his position as a minister of the Supreme Court until August 31, 2025.
